Amended in Assembly September 11, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1189


Introduced by Assembly Member Bigelow

February 27, 2015


An act to amend Sectionbegin delete 23055end deletebegin insert 24045.75end insert of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 1189, as amended, Bigelow. Department of Alcoholic Beverage Controlbegin delete: report.end deletebegin insert: special on-sale general license: for-profit theater.end insert

Under existing law, the Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control through the Director of Alcoholic Beverage Control.begin delete Existing law requires the director to make an annual report to the Legislature on the department's activities, on or before March 1 of each year.end deletebegin insert Existing law authorizes the department to issue a special on-sale general license to the operator of any for-profit theater located within the City and County of San Francisco, as specified. Existing law prohibits that special on-sale general license from being issued until any existing licenses issued by the department to the operator for the premises of the for-profit theater are canceled.end insert

begin delete

This bill would instead require the director to make that report by November 1 of each even calendar year.

end delete
begin insert

This bill would delete that prohibition.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 24045.75 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

24045.75.  

(a) begin delete(1)end deletebegin deleteend deleteThe department may issue a special on-sale
4general license to the operator of any for-profit theater located
5within the City and County of San Francisco, configured with
6theatrical seating of at least 1,000 seats and primarily devoted to
7live theatrical performances.

begin delete

8(2) A special on-sale general license described by this section
9shall not be issued until any existing licenses issued by the
10department to the operator for the premises of the for-profit theater
11are canceled.

end delete

12(b) The special on-sale general license shall permit sales, service,
13and consumption of alcoholic beverages in the lobbies and seating
14areas of the theater for the period beginning two consecutive hours
15prior to a live theatrical performance and ending one hour after
16the live theatrical performance is completed, subject to Section
1725631. Any special on-sale general license issued pursuant to this
18section shall be subject to the limitations provided by Section
1923816, but shall not be required to be operated as a bona fide public
20eating place. The theater further shall not be subject to the
21provisions of Section 23793.

22(c) For purposes of this section, “for-profit theater” shall not
23include an adult or sexually oriented business, as defined in Section
24318.5 of the Penal Code.

begin delete
25

SECTION 1.  

Section 23055 of the Business and Professions
26Code
is amended to read:

27

23055.  

(a) On or before November 1 of each even calendar
28year, the director shall prepare and submit to the Legislature a
29 report on the department’s activities and post the report on the
30department’s Internet Web site. The report shall include, but not
31be limited to, the following information for relevant fiscal years:

32(1) The amount of funds allocated and spent by the department
33for licensing, enforcement, and administration.

34(2) The number of licenses issued, renewed, denied, suspended,
35and revoked, by license category.

36(3) The average time for processing license applications, by
37license category.

P3    1(4) The number and type of enforcement activities conducted
2by the department and by local law enforcement agencies in
3conjunction with the department.

4(5) The number, type, and amount of penalties, fines, and other
5disciplinary actions taken by the department.

6(b) A report to the Legislature pursuant to this section shall be
7submitted in compliance with Section 9795 of the Government
8Code.

end delete


O

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